Is the professional standard of a labor protection specialist mandatory, how to apply it, and can one be fired for non-compliance with its requirements? You will find answers to these questions in the article.
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Professional standard "Occupational Safety and Health Specialist"
The concept of professional standard (PS) was introduced by Federal Law No. 236-FZ. In the Labor Code of the Russian Federation, the definition of this term is given in Article 195.1: this is a characteristic of the qualifications required by an employee for a certain type of activity.
Professional standards complement the largely outdated, but still valid and These documents contain over 5,500 occupations of workers and 2,000 positions of employees. From July 1, 2016, the obligation to apply the PS was introduced not only in terms of job titles, but also in terms of requirements for education, knowledge and skills.
Non-compliance with the PS can only become an indirect reason for the dismissal of an employee. The employer will begin a detailed certification procedure, following which he will have legal grounds to terminate the employment contract (Labor Code of the Russian Federation).
Please note that the position of occupational safety engineer was abolished as of July 1, 2013, and the position of occupational safety specialist was established instead. Accordingly, the professional standard of a labor protection engineer is a non-existent concept. That's what many people call it in the old fashioned way.
Professional standard requirements for a labor protection specialist
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Description |
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Education and training |
Higher education in the field of training “Technosphere Safety” or corresponding areas, or higher education and additional professional education (retraining) in the field of occupational safety, or secondary education and additional vocational education (retraining) in the field of occupational safety. |
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Practical work experience |
There are no requirements for practical work experience, but if you have secondary vocational education, you must have at least 3 years of work experience in the field of occupational safety. |
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Special conditions for permission to work |
If the employer has hazardous production facilities, appropriate training and |
Structure of the professional standard for labor protection
The professional standard consists of generalized labor functions, each of which includes separate functions containing a list of specific actions and the necessary knowledge and skills. Depending on the knowledge and skills, and therefore the ability to perform a particular function, the qualification level of the employee is determined. The register of approved PSs can be found on the website
Structure of the professional standard
Positions and professions are divided into several skill levels from 1 to 9. Requirements for employee qualifications are established starting from the 4th level. Therefore, if the PS indicates levels from 1 to 3, the employer himself sets the criteria for the employee. For levels 4 to 9, mandatory qualification requirements have been established. The OT specialist must meet level 6 or 7.
The professional standard for labor protection engineer was adopted back in 2014, and later adjusted in 2016. The article provides an example of a professional standard for a specialist in the field of labor protection (hereinafter referred to as OSH). This professional standard (hereinafter - PS) of an occupational safety engineer should be used for all specialists who carry out their activities in the field of: occupational safety, reduction of production risks, prevention of industrial accidents, etc. The HR manager can use this document for recruiting personnel and drawing up local regulations.
General characteristics of the professional standard for a labor protection specialist
By Order of the Ministry of Labor of Russia dated August 4, 2014 No. 524n, the professional standard “Specialist in the field of labor protection” was approved. It determines the employee’s labor function and the duties of the position that may be included in the employment contract. As well as the knowledge and skills necessary for an OT specialist to work effectively.
A professional standard is usually called a document that describes the qualification requirements for a profession or professions in a certain field. The professional standard for labor protection is no exception. Such documents are also called qualification directories or directories of qualification characteristics.
In 2012, professional standards received the official status of documents that can be used along with existing qualification reference books.
Federal Law No. 236-F3 of December 3, 2012 “On Amendments to the Labor Code of the Russian Federation and Article 1 of the Federal Law “On Technical Regulation””, Chapter 31 of the Labor Code of the Russian Federation was supplemented with Art. 195 1.
In it, for the first time in domestic labor legislation, regulatory definitions of the concepts of “qualification” and “professional standard” appeared. Although the term “qualification” itself is quite actively used in the current Labor Code of the Russian Federation.
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An example of the dependence of professional standards on qualifications
Thus, ensuring equality of opportunity for workers should be carried out without any discrimination, taking into account work productivity, qualifications and work experience in the specialty (Article 2 of the Labor Code of the Russian Federation) . The labor function of a manager, for example, in occupational safety, is defined as work in a position in accordance with the staffing table, profession, specialty, indicating qualifications (Articles 15 and 57 of the Labor Code of the Russian Federation).
In Article 195 1 of the Labor Code of the Russian Federation, a professional standard is defined as a characteristic of the qualifications necessary for an employee to carry out a specific type of official activity. And qualification is the level of knowledge, skills, professional skills and work experience.
In other words, the professional standard of a labor protection engineer is a regulatory document in the field of a specific type of economic activity. It specifies the requirements for a specialist (in our case, labor protection) to perform a labor function and the competencies required for this.
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Regulatory regulation before the adoption of professional standards for labor protection
Until recently, the functions of normative regulation and classification of labor activity were performed by the All-Russian Classifier of Worker Professions, Employee Positions and Tariff Grades (OKPDTR). It covered over 5,500 blue-collar occupations and 2,000 white-collar positions.
Qualification requirements for specialists (in labor safety in particular) are detailed in:
- Unified Tariff and Qualification Directory of Work and Professions of Workers (UTKS),
- Unified Qualification Directory of Positions for Managers, Specialists and Employees (ECSD).
These documents are still in force, but their significance as a tool for regulating labor processes has been lost. This happened both due to the inevitable obsolescence of information and due to fundamental changes in the socio-economic life of Russian society that occurred at the end of the 20th century.
The market economy has given rise to a huge number of professions that previously did not exist in Russia in principle. The formation of qualification requirements for specialists in new areas of professional activity occurred spontaneously. Often even without correlation with educational programs of higher professional education.
Differences in the understanding of labor functions in individual professions have become the norm in the relationship between graduates, employees and employers. Business criticizes the educational system, universities point to the underdevelopment, closedness and limited ideas of the business community about a young specialist.
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A graduate, the same newly-minted occupational safety manager, increasingly less often imagines his place in the professional world and in 75% of cases finds a job outside his specialty.
In this sense, development is one of the most important areas in creating an interconnected and balanced system of labor relations. Of course, from the point of view of the interests of the state, business and citizens. By 2015, about 800 PS should be developed. For employers, they will be mainly advisory in nature.
The need to compile these documents is stated in:
- General agreement between all-Russian trade union associations,
- all-Russian associations of employers,
- Government of the Russian Federation for 2011-2013.
It proposes to develop a system of professional standards and further improve them, bringing them closer to the norms of the European Union.
Structure and content of the professional standard for labor protection
This document was developed on the basis of an occupational safety and health management system based on GOST R 54934–2012/OHSAS 18001:2007. It is also based on international standards for specialists in the field of labor protection.
The activities of these specialists, in accordance with the All-Russian Classification of Occupations (hereinafter referred to as OKZ), belong to a group with code 2149. These include: architects, engineers and specialists in related professions who are not included in other groups.
This document is based on a methodology known as Plan-Do-Check-Act (PDCA). Briefly it can be described as follows:
- planning (plan) - setting goals and determining the processes necessary to achieve results in accordance with the organization’s policy in the field of work safety and health protection (hereinafter - OHS);
- implementation (do) - implementation of processes;
- check (check) - monitoring and measuring processes to assess their compliance with health and safety policies, goals, legal and other requirements, reporting the results;
- action (act) - making and implementing decisions to continuously improve performance indicators in the field of health and safety.
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Elements of the professional standard for an occupational safety specialist
Labor protection consists of the following structural elements:
- name of the type of professional activity;
- code by classifier (occupation group);
- qualification level of the employee;
- employee's job title;
- requirements for the level of professional education and training;
- requirements for practical work experience;
- characteristics of the labor functions of the professional standard of an occupational safety manager;
- a list of competencies (skills, knowledge and skills) that a labor safety manager must have to perform actions required by his job function.
Note!
The term “generalized labor function” was introduced by the Methodological Recommendations for the Development of PS, approved. by order of the Ministry of Labor of Russia dated April 29, 2013 No. 170n
The work of a specialist in the field of occupational safety is associated with planning, organizing, monitoring and improving occupational safety management. And it is carried out for the purposes of:
- prevention of accidents at work and occupational diseases,
- reducing (eliminating) the level of exposure of workers to harmful and (or) hazardous production factors,
- professional risks.
All the multifaceted activities of these workers, their powers, and responsibilities are determined by a number of labor functions presented in the PS in the form of generalized labor functions (see table 1).
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Description of labor functionsengineerin the field of labor protection based onprofessional standard
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Generalized labor functions |
Labor functions |
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Name |
skill level |
Name |
level (sublevel) of qualification |
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Implementation and maintenance of the labor protection management system |
Regulatory support for the occupational safety management system |
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Providing training for workers in the field of labor protection |
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Collection, processing and transmission of information on issues of labor conditions and safety |
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Ensuring that levels of occupational risks are reduced taking into account working conditions |
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Monitoring of the occupational safety management system |
Ensuring control over compliance with labor protection requirements |
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Ensuring control over the state of working conditions in the workplace |
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Ensuring investigation and recording of industrial accidents and industrial diseases |
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Planning, development and improvement of the occupational safety management system |
Defining goals and objectives (policies), occupational safety management processes and assessing the effectiveness of the occupational safety management system |
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Distribution of powers, responsibilities, duties on labor protection issues and justification of resource provision |
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The importance of the standard for advanced training of a labor protection specialist
Each labor function is implemented through appropriate actions, the implementation of which requires certain skills and knowledge. Table 2, for example, presents the actions, knowledge and skills necessary for an occupational safety engineer to perform the job function of “ensuring the reduction of production risk levels, taking into account working conditions.”
Table 2. Characteristics of the labor function “ensuring reduction in levels of production risks, taking into account working conditions”
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Labor actions |
Identification, analysis and assessment of production risks |
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Development of plans, programs and activities to improve working conditions and safety |
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Development of measures to increase the level of motivation of workers for safe work, the interest of workers in improving its conditions, and involving them in resolving issues related to labor protection |
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Preparation of proposals to ensure the work and rest regime of employees, the list of compensations due to them in accordance with regulatory requirements |
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Analysis of documents on acceptance and commissioning of production facilities and assessment of their compliance with labor protection requirements |
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Formation of a contingent of workers subject to mandatory preliminary and periodic medical examinations, other mandatory medical examinations (examinations), and mandatory psychiatric examinations before signing the employment order. |
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Providing workers with personal protective equipment and installing collective protective equipment, as well as their storage, assessment of condition and serviceability |
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Development of measures for sanitary services for workers in accordance with the requirements of regulatory documents |
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Required skills |
Apply methods for assessing hazards and occupational risks |
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Analyze the results of assessing working conditions in the workplace |
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Assess the priority of implementing measures to improve working conditions and safety in terms of their effectiveness |
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Formulate requirements for personal protective equipment and collective protective equipment, taking into account working conditions in the workplace, evaluate their characteristics, as well as compliance with regulatory requirements |
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Analyze and evaluate the state of sanitary services for workers |
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Prepare (execute) the necessary documentation for concluding an agreement with medical institutions for medical examinations and medical examinations |
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Generate documents (forms) related to providing workers with personal protective equipment, conducting all types of mandatory medical examinations and examinations |
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Required knowledge |
Methods and procedures for assessing hazards and occupational risks of workers |
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Harmful and dangerous factors of the production environment and the labor process, their classification |
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The procedure for conducting preliminary upon employment and periodic medical examinations of employees, unscheduled medical examinations, other medical examinations and examinations |
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A typical list of annually implemented measures to improve working conditions and safety and reduce levels of production risks |
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Requirements of sanitary and hygienic legislation taking into account the specifics of the employer’s activities |
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Types and size (volume) of compensation to workers for hard work, work with harmful and (or) dangerous working conditions, conditions and procedure for their provision |
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Methods of motivating and encouraging workers to operate safely |
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Basic requirements of regulatory and technical documents for machines, equipment, installations, production processes in terms of ensuring occupational safety |
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The procedure for the development and examination of labor protection measures as part of design and technological documentation for production purposes |
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Requirements of normative and technical documentation for the condition and maintenance, organization of work on expansion, reconstruction and equipment of buildings, structures, premises |
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Classes and types of collective protective equipment, general requirements established for collective protective equipment, application, principles of protection and main characteristics of collective protective equipment |
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Classes and types of personal protective equipment, their application, principles of protection and main characteristics, requirements for them, rules for providing workers with personal protective equipment |
Professional standard for occupational safety specialist fixed at the level of federal legislation. What is it intended for and what are its most important characteristics?
Professional standard “Occupational Safety and Health Specialist” 2017
For sphere occupational safety professional standard- a source of standards that can be used by the employer:
- to correctly draw up an employment contract, job description and other employee instructions;
- to improve the efficiency of personnel management.
A professional standard is a characteristic of the qualifications that an employee needs to carry out a particular professional activity, therefore the norms contained in it can be criteria for hiring new employees.
Russian professional standard for labor protection was introduced by order of the Ministry of Labor of the Russian Federation dated August 4, 2014 No. 524n. This regulatory legal act remained relevant in 2017.
Order No. 524n sets out the basic requirements for the knowledge and skills of workers in the relevant profile, and also classifies their labor functions into 3 groups (generalized functions) and 9 subgroups (specific functions).
Order No. 524n establishes that an occupational safety specialist must meet at least the 6th qualification level - in accordance with the criteria approved by Order of the Ministry of Labor of the Russian Federation of April 12, 2013 No. 148n, and when performing certain labor functions - the 7th level.
Basic norms of the professional standard for a specialist in the field of labor protection
The professional standard of this specialist requires him to perform the following labor functions:
1. Implementation and ensuring correct operation of the occupational safety management system.
A specialist within the considered group of labor functions can be engaged in:
- regulatory support for the labor protection system;
- work to reduce the level of professional risks in the company;
- work with information related to occupational safety issues;
- monitor compliance with legislation and local standards in the field of labor protection.
2. Monitoring the operation of the occupational safety management system.
Within this group of functions, a specialist can solve such tasks as:
- control over compliance with labor safety standards, fulfillment of requirements for working conditions in the company;
- investigation and recording of industrial incidents, prevention of occupational diseases.
3. Planning, development and modernization of the occupational safety management system.
An employee whose work is related to this group of functions can:
- determine the goals and objectives of the enterprise in the field of occupational safety management;
- assess the effectiveness of the occupational safety system;
- manage the powers, responsibilities, and duties of the organization’s employees in the field of labor protection;
- participate in resource support for the company’s activities in the field of labor protection.
The first group of labor functions requires the employee to have level 6 qualifications, as well as meet at least one of the following requirements:
- higher education in the specialty “Technosphere Safety” (or something similar);
- higher education in any profession, which is supplemented by something related to the field of labor safety;
- secondary education in any specialty, supplemented by that related to the field of labor safety.
As for work experience, the first job function:
- allows its absence if the employee has a higher education;
- requires a minimum of 3 years of work experience with a secondary education specialist.
The second group of labor functions has almost the same characteristics as the first in terms of qualification requirements for a specialist.
The third group of labor functions requires a specialist to have:
- 7th qualification level;
- higher education (in a specialized specialty or supplemented by something related to the field of labor protection);
- at least 5 years of work experience in the occupational safety and health field.
Results
The professional standard of a labor protection specialist is approved by the Ministry of Labor of the Russian Federation. This document can be used when drawing up employment contracts and instructions, as well as as a source of standards that are criteria for assessing the qualifications of candidates for employment.
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